Moise will have to guard against future violence, Regina court hears

Mitchell William Moise will have to be “vigilant for the rest of his life” to guard against future acts of violence, a forensic psychiatrist told the court on Friday.

Even so, Dr. Shabehram Lohrasbe sees significant improvements in Moise since he first assessed him in 2009, and is “more cautiously optimistic” about the 40-year-old’s ability to be safely managed in the community in the future.

As he did during a similar hearing four years ago, Lohrasbe testified during Moise’s dangerous offender hearing at Regina Court of Queen’s Bench, detailing reports he completed based on Moise’s history and a series of interviews.

At the end of the 2012 hearing, Justice Ron Mills found Moise to be a dangerous offender and handed down an indeterminate sentence. Moise successfully appealed, the Saskatchewan Court of Appeal ordering a second hearing based on the fact Gladue factors weren’t taken into consideration.

Moise’s second DO hearing began Tuesday in front of Justice Lana Krogan and is set for two weeks.

During Lohrasbe’s testimony, Crown prosecutor Kelly Kaip detailed a number of violent incidents Moise has been involved in, including one in which he shot his uncle in the face. Another incident, a drive-by shooting, led to the loss of a rival gang member’s leg.

The offence for which he is to be sentenced dates back to 2007 and involves incidents in Lestock in which Moise threatened a woman with a knife and caused serious facial injuries during an assault on her. He pleaded guilty in 2008 to break, enter and commit aggravated assault, common assault and possession of a weapon for a dangerous purpose.

That offence was one of a number of violent incidents the prolonged nature of which separate Moise from offenders who snap and react quickly. Lohrasbe agreed with Kaip’s suggestion that Moise’s anger — and the violence that can result — tends to keep rolling for a period of time once set in motion.

“(Moise acknowledged that) when his anger is mobilized, he goes over the cliff, he just goes into a rage,” the psychiatrist said.

Lohrasbe added that Moise “will not back down” when he feels he is being unfairly treated or pushed around.

Court heard Moise’s reactions stem from a background in which he both witnessed and experienced severe abuse, falling into alcohol use at an early age as a way of self-medicating. Lohrasbe explained children raised in such situations often don’t learn how to react appropriately to stressors that, for those raised in stable homes, would be unlikely to lead to violence.

That said, Lohrasbe noted Moise has worked at confronting his problems through programming — a factor that, combined with his age, has resulted in a lessened risk than in years past.

Lohrasbe said while he does not believe Moise is ready to self-manage just yet, he is optimistic he can successfully transition back into society with the proper programming, supervision and supports.